IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36983 of 2010(W)
1. MIDHUNLAL, AGED 18 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. EXCISE COMMISSIONER,
3. DEPUTY EXCISE COMMISSIONER,
4. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.UNNI. K.K. (EZHUMATTOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/12/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) Nos. 36983 & 36988 OF 2010
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Dated this the 17thday of December, 2010
J U D G M E N T
The petitioner in W.P.(C) No.36983 of 2010 is the registered
owner of a motor bike bearing registration No.KL-04-Y-5485 and the
petitioner in W.P.(C) No.36988 of 2010 is the registered owner of a
motor bike bearing registration No.KL-04-Y-5873. The aforesaid
vehicles were seized by the fourth respondent on 12.8.2010 in
connection with Crime No.263 of 2010 of the Ramankary Police
Station, registered under sections 55(a), 8(1), 8(2) and 63 of the
Abkari Act. The fourth respondent thereafter produced the vehicles
before the Deputy Commissioner of Excise, Alappuzha. The
petitioners thereupon moved the said officer by filing Exts. P2 and
P3 representations respectively. The grievance voiced by the
petitioners is that though nearly three months have passed after
their vehicles were seized, till date orders have not been passed on
their applications for interim custody. In this writ petition, the
petitioners seek a direction to the respondents to release their
respective vehicles by way of interim custody after accepting
security.
WPC Nos. 36983 & 36988/2010 2
2. When the writ petition came up for hearing today,
Sri.V.Manu, the learned Government Pleader appearing for the
respondents submitted that applications submitted by the petitioners
for interim custody have been received and are pending. He also
submitted that the third respondent will consider the request made by
the petitioners for interim custody in the light of the provisions
contained in the Kerala Abkari (Disposal of Confiscated Articles)
Rules, 1996 and take a decision thereon expeditiously and in any
event within three weeks from today. He also submitted that the third
respondent will expedite the proceedings initiated by him to
confiscate the vehicles. In the light of the above submissions, I
dispose of these writ petitions with the following directions:-
(i) The third respondent shall within three weeks from today
consider the request made by the respective petitioners for interim
custody of their vehicles and take an appropriate decision thereon in
accordance with the provisions contained in the Kerala Abkari
(Disposal of Confiscated Articles) Rules, 1996.
(ii) The third respondent shall finalise the proceedings, if any,
initiated by him under section 67B of the Abkari Act after notice to
and affording the petitioners a reasonable opportunity of being heard
WPC Nos. 36983 & 36988/2010 3
expeditiously and in any event within three months from the date on
which the petitioners produce a certified copy of this judgment before
him.
P.N.RAVINDRAN,
(JUDGE)
vps
WPC Nos. 36983 & 36988/2010 4
WPC Nos. 36983 & 36988/2010 5
